beta
(영문) 춘천지방법원 2014.11.20 2014고단1012

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date of the final judgment.

Reasons

Punishment of the crime

On July 20, 2014, around 02:40 on July 20, 2014, the Defendant: (a) found the victim E (year 51) in front of the restaurant “D” in Chuncheon City; (b) took a knife and knife the Defendant’s knife and knife the Defendant’s head one time with the part of the Defendant’s knife and knife.

As a result, the defendant carried dangerous things with the victim, who is in need of treatment for about two weeks, was injured by two heats.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police statement of E;

1. On-site exit reports, damage photographs, and investigation reports (Attachment of a medical certificate) in violent incidents;

1. Application of the existing Acts and subordinate statutes of one blade (No. 1) seized;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act of confiscation [the range of recommending punishment] The sentence shall be determined as per the disposition on the grounds that the basic area (two to four years) of types 1 (two-four years) (two-four years) of habitual injury, repeated injury, and special injury and the basic area (two-four years) (any special person): 2-4 years (decision of sentence] has the record of being sentenced to three times a fine due to assault, etc., but there is no record of being sentenced to three times a fine, other than other previous crimes and imprisonment, and there is no record of being sentenced to more than a suspended sentence of imprisonment, and there is no record of being sentenced to three times a fine; 2-4 years (decision of sentence) other favorable circumstances such as the fact that the defendant reflects his/her mistake, and the degree of